KANNIN vs. KUMAH & ORS.

Van Lare Ag. C.J. delivered the judgment of the Court: This is an appeal from a decision of the Land Court, Kumasi, reversing concurrent findings of fact as to whether the house in dispute between the parties was validly sold by the predecessor of the plaintiff-respondent to the defendant-appellants. The trial native court resolved this question in favour of the defendants, having been satisfied on the facts that the plaintiff’s predecessor, Kobina Agyarko, the original owner of the house in dispute, had sold it during his life-time. The trial-Court was therefore justified in entering judgment for the defendants. The onus was on the plaintiff, who failed to discharge it. It must be pointed out that although there were six defendants to the suit, the judgment could be entered in favour of two only, that is to say, the 3rd (Kwame Adiyea), and 6th (Chief Kofi Nuamah). The other defendants, according to the evidence, were either dead or not served. These two were the only defendants p.....